UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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ARCHIMEDES NOBLES, )
)
Plaintiff, )
)
v. ) Civil Action No. 08-1396 (JR)
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DONALD C. WINTER, )
Secretary of the Navy, )
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Defendant. )
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MEMORANDUM OPINION
This matter is before the Court on defendant’s motion to
dismiss.
Plaintiff is a former employee of the United States Navy in
the Philippines whose formal employment discrimination claim was
dismissed as untimely. See March 14, 2008 Decision of the Equal
Employment Opportunity Commission, Appeal No. 0120081141 [Dkt.
#4] at 1-2. It appears that neither the Navy nor the EEOC
addressed the merits of plaintiff’s claim that the Navy
“subjected [him] to discrimination on the basis of national
origin (Filipino by blood relationship and U.S. citizenship by
place of birth) when he was not granted coverage under the civil
service retirement system when he started working . . . in the
Philippines.” Id. at 1.
In this action, plaintiff alleges that he is a dual citizen
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of the Philippines and of the United States because he was born
in 1938 in the Philippine Islands when the Philippine Islands
were a United States territory. Compl. at 6. He asks the Court
to “confirm[] [his] having been born a US citizen” such that the
United States Navy “allow[s] [him] to have access under [Title
VII].” Id. at 7.
In Licudine v. Winter, 603 F. Supp. 2d 129 (D.D.C. 2009),
this Court held that a person who, like plaintiff, was born in
the Philippine Islands when the Philippines was a United States
territory is neither a citizen nor a national of United States
citizen. Id. at 135-36. Such a person, then, is an alien to
whom Title VII does not apply. Id.
The Court will grant defendant’s motion to dismiss. An
Order accompanies this Memorandum Opinion.
JAMES ROBERTSON
United States District Judge
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